High Caliber Legal Service

Thinking of taking your business public? Consider these factors

On Behalf of | May 6, 2021 | Business Law |

Whether you wish to enter the New York Stock Exchange or some other market, the decision of whether to “go public” is an important one for any business owner. The investment capital that comes with an initial public offering (IPO) can take your business to new heights, but there are additional legal hurdles for businesses that go public.

Small businesses and startups have even more to consider. Making an initial public offering is a long and expensive process, but there are some rules that work in favor of smaller companies.

Taking your small business public offers many benefits – most importantly, opportunities to access new capital. Many businesses choose to go public so that owners and employees can more easily sell their stock.

Additionally, becoming a publicly traded entity places your business in a brighter spotlight. That means more publicity, more brand awareness – and hopefully more customers.

Public offerings mean less privacy

Like any growth opportunity, there are downsides to making a public offering. For example, companies that go public must add SEC reporting requirements to their “to do” list. These reports help current investors and the market understand what is going on at the company.

Compliance with SEC reporting requirements takes time and resources, plus your company’s finances are on display. Financial statements and other information will be available to the general population as well as others in your industry.

Emerging growth companies can follow different rules

Organizations with total annual gross revenues below $1.07 billion that have not previously entered the public market are considered “emerging growth companies” by the SEC.

This is good news for startups and entrepreneurs because, under Section 2(a)(19) of the Securities Act, they do not have to provide as much information in their initial public offering. This can help keep costs down when you prepare your IPO.

As you consider the future of your business, remember the rewards of going public as well as the drawbacks. Enlist the help of a professional who can help you develop a strategy that makes sense for you. The right advice can make all the difference.

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